August 5, 2009

As posted in 5 daily Maine newspapers

NOTICE OF STATE RULE-MAKING
Public Input for Proposed and Adopted Rules

Notices are published each Wednesday to alert the public regarding state agency rule-making. You may obtain a copy of any rule by notifying the agency contact person. You may also comment on the rule, and/or attend the public hearing. If no hearing is scheduled, you may request one -- the agency may then schedule a hearing, and must do so if 5 or more persons request it. If you are disabled or need special services to attend a hearing, please notify the agency contact person at least 7 days prior to it. Petitions: you can petition an agency to adopt, amend, or repeal any rule; the agency must provide you with petition forms, and must respond to your petition within 60 days. The agency must enter rule-making if the petition is signed by 150 or more registered voters, and may begin rule-making if there are fewer. You can also petition the Legislature to review a rule; the Executive Director of the Legislative Council (115 State House Station, Augusta, ME 04333, phone (207)287-1615) will provide you with the necessary petition forms. The appropriate legislative committee will review a rule upon receipt of a petition from 100 or more registered voters, or from "...any person who may be directly, substantially and adversely affected by the application of a rule..." (Title 5 Section 11112). World-Wide Web: Copies of the weekly notices and the full texts of adopted rule chapters may be found on the internet at: http://www.maine.gov/sos/cec/rules.

PROPOSALS

AGENCY: 65-407 – Public Utilities Commission
RULE TITLE OR SUBJECT: Small Generator Interconnection Standards
PROPOSED RULE NUMBER: 2009-P207
CONCISE SUMMARY: The Commission initiates a rulemaking proceeding to adopt rules that will create standard interconnection procedures for all generators in Maine that are not subject to the jurisdiction of the Federal Energy Regulatory Commission (FERC) or to the interconnection rules of ISO New England. The Commission also provides an opportunity for interested persons to comment on forms associated with the interconnection rule that would be adopted by the Commission.
THIS RULE WILL HAVE MINIMAL FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 35-A MRSA §111
PUBLIC HEARING: August 27, 2009 at 1:00 pm, Horace Libby Hearing Room, 242 State Street, Augusta, Maine
DEADLINE FOR COMMENTS: September 8, 2009 (referencing Docket 2009-219)
AGENCY CONTACT PERSON: Paula J. Cyr, Public Utilities Commission, 242 State Street, 18 State House Station, Augusta, Maine 04333-0018
TELEPHONE: (207) 287-3831
E-MAIL: paula.cyr@maine.gov

AGENCY: 02-514 – Department of Professional and Financial Regulation, Office of Licensing and Registration, Board of Counseling Professionals Licensure
RULE TITLE OR SUBJECT: Ch. 1, Definitions [amended], Ch. 1-A, Advisory Rulings [new], Ch. 2, Licensed Professional Counselors [amended], Ch. 3, Licensed Clinical Professional Counselors [amended], Ch. 4, Licensed Marriage and Family Therapists [amended], Ch. 5, Licensed Pastoral Counselors [amended], Ch. 5-A, Registration Requirements [new], Ch. 6, Applications/Applicants Licensed in Another Jurisdiction [amended], Ch. 7, License Renewal; Inactive Status [repealed and replaced], Ch. 7-A, Continuing Education [new], Ch. 8, Standards of Practice [repealed], Ch. 8-A, Code of Ethics [new], Ch. 8-B, Client Bill of Rights; Disclosure Statements [new], Ch. 9, Fees [repealed], Ch. 10, Enforcement and Disciplinary Procedures [repealed]
PROPOSED RULE NUMBER: 2009-P208
CONCISE SUMMARY: The proposed rules: (a) prescribe a procedure for the issuance of advisory rulings; (b) define a scope of practice for the various license types issued by the board; (c) eliminate the end dates currently in effect for supplementing nonconforming graduate degrees with additional coursework; (d) allow the board to recognize lawfully completed supervised experience that is substantially equivalent to the supervised experience ordinarily earned under a conditional license; (e) require supervision to occur with substantial regularity throughout the supervised experience; (f) permit up to half the individual supervised experience required for licensure to take place via live audio conference or live videoconference; (g) permit the substitution of additional supervised experience for insufficient internship hours in certain cases; (h) recognize certain unaccredited programs of clinical pastoral education; (i) reinstate to the board’s rules limited provisions relating to the scope of practice and obligations of registered counselors; (j) update descriptions of the board’s application and renewal process to reflect current practice; (k) make peer consultation, formerly known as peer supervision, an optional as opposed to mandatory component of continuing education; (l) require four hours of continuing education in domestic violence, substance abuse or emotional trauma; (m) substantially revise the board’s code of ethics in the areas of dual relationships, records and confidentiality; (n) define sexual activity; (o) re-formulate the circumstances in which sexual activity between a counselor and a client is prohibited; (p) prohibit sexual activity between a counselor and the spouse or partner of a client; (q) substantially revise the disclosure statements to be distributed by counselors to their clients; (r) incorporate the new temporary conditional licensed marriage and family therapist licensed created by PL 2009, c. 172; and (s) make many other changes to the board’s rules. The board specifically requests comment on the proposal to require four hours of continuing education in domestic violence, substance abuse or emotional trauma.
The statement of economic impact on small business required by 5 MRSA §8052(5-A) may be obtained from the agency contact person.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 32 MRSA §§13853(2), 13853(11), 13858(8); 5 MRSA §§8051, 9001(4)
PUBLIC HEARING: August 24, 2009. 9:30 am, Department of Professional and Financial Regulation, 122 Northern Avenue, Gardiner, Maine
DEADLINE FOR COMMENTS: September 7, 2009
AGENCY CONTACT PERSON: Jeffrey Frankel, Staff Attorney, Office of Licensing and Registration, 35 State House Station
TELEPHONE: (207) 624-8615
E-MAIL: jeffrey.m.frankel@maine.gov
PROPOSED RULE AVAILABLE ON LINE AT: www.maine.gov/provessionallicensing

AGENCY: 10-144 – Department of Health and Human Services, Office of MaineCare Services
RULE TITLE OR SUBJECT: MaineCare Benefits Manual, Chapter VII, Section 5, Estate Recovery
PROPOSED RULE NUMBER: 2009-P209
CONCISE SUMMARY: The Department of Health and Human Services is proposing changes to the MaineCare Benefits Manual, Chapter VII, Section 5, Estate Recovery. This proposed rule makes four specific changes to the Estate Recovery program. The rule adds an exemption reflecting the value of benefits paid under a qualified long term care insurance policy. Amounts exempted from recovery due to qualified LTC insurance policies are expected to be significantly offset by overall MaineCare savings resulting due to more long term care services being paid through private insurance. This rule also limits the availability of the Care Given Exemption to persons whose incomes are less than or equal to 200 percent of the federal poverty level, as mandated by the federal Centers for Medicare and Medicaid Services. Under the new “care given exemption” language, the Department has far less authority to waive recovery from certain estate assets than it could under the pre-existing rules. The proposed rule also includes two policy changes mandated by the Legislature, barring estate recovery from members’ joint tenancy interest in real property and striking language relating to delayed recovery from the estates of certain survivors. The Department also made other structural, administrative, grammatical and clarifying within this rulemaking.
See http://www.maine.gov/dhhs/oms/rules/provider_rules_policies.html for rules and related rulemaking documents.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA §§42, 3173; P.L. 2009, c.150; P.L. 2007, c. 423, §1
PUBLIC HEARING: August 26, 2009, 9 am, Conference Room #4, Department of Health and Human Services, Office of MaineCare Services, 442 Civic Center Drive, Augusta, ME
Any interested party requiring special arrangements to attend the hearing must contact the agency person listed below before August 21, 2009.
DEADLINE FOR COMMENTS: Comments must be received by midnight September 7, 2009
AGENCY CONTACT PERSON: Nicole Rooney, Comprehensive Health Planner, Office of MaineCare Services, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-4460, FAX: (207) 287-9369, TTY: (800) 423-4331 or (207) 287-1828 (Deaf or Hard of Hearing)
E-MAIL: nicole.rooney@maine.gov

AGENCY: 10-144 – Department of Health and Human Services, Office of MaineCare Services
RULE TITLE OR SUBJECT: Ch. 101, MaineCare Benefits Manual, Chapter III, Section 67, Principles of Reimbursement for Nursing Facilities
PROPOSED RULE NUMBER: 2009-P210
CONCISE SUMMARY: The Department is proposing to permanently adopt emergency rules that became effective July 1, 2009. Specific proposed changes include: revisions of dates and methodology used to trend forward or inflate direct care and routine costs, updating the percent of the median used in the July 1, 2009 rebasing calculation, and clarifying the direct care add-on and hold harmless principles. In addition, the Department is proposing the one-time payment methodology, which is already approved by CMS. Furthermore, this proposal includes a new principle that identifies the methodology used to establish rates for remote island facilities. Other minor and technical changes are considered in this rule making.
See http://www.maine.gov/dhhs/oms/rules/provider_rules_policies.html for rules and related rulemaking documents.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA §§42, 3173
PUBLIC HEARING: August 26, 2009, 1 pm, Conference Room #3, Department of Health and Human Services, Office of MaineCare Services, 442 Civic Center Drive, Augusta, ME
Any interested party requiring special arrangements to attend the hearing must contact the agency person listed below before August 16, 2009.
DEADLINE FOR COMMENTS: Comments must be received by midnight September 6, 2009
AGENCY CONTACT PERSON: Alyssa Morrison, Health Planner, Office of MaineCare Services, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9368, FAX: (207) 287-9369, TTY: (800) 423-4331 or (207) 287-1828 (Deaf or Hard of Hearing)
E-MAIL: alyssa.morrison@maine.gov

AGENCY: 17-229 – Department of Transportation
CHAPTER NUMBER AND TITLE: Ch. 210, Utility Accommodation Policy Rules
ADOPTED RULE NUMBER: 2009-376
CONCISE SUMMARY: This rule sets standards for permitting and locating utility facilities with the corridors of all state and state-aid highways. The recent amendments: 1) Modify the definition of “Utility” to broaden it to include entities that are permitted by statute, but only recently have entered the field. These entities include wind farm electrical power generators, landfill gas electrical power generators and the University of Maine system, which recent legislation gave utility rights within highway right of ways; 2) Consider allowing utilities, which would provide significant benefit to the State of Maine, to locate longitudinally in the Interstate right of way. Current MaineDOT policy has not allowed such locations; 3) Remove all reference to the metric system; 4) Standardize reference to the Department of Transportation as “MaineDOT”; 5) Clarify the procedure for applying for exemptions to the Accommodation Policy; and 6) Make editorial changes to several sections to clarify their intent.
EFFECTIVE DATE: July 28, 2009
AGENCY CONTACT PERSON: Brian Burne, Highway Maintenance Engineer, Maine Department of Transportation, 16 State House Station, Augusta, ME 04333-0016
TELEPHONE: (207) 624-3571, FAX: (207) 629-0424
WEB ADDRESS: http://www.maine.gov/mdot/utilities/laws.php
E-MAIL: brian.burne@maine.gov

AGENCY: 02-039 -- Department of Professional and Financial Regulation, Office of Licensing and Registration, Real Estate Commission
CHAPTER NUMBER AND TITLE:Ch. 400, Agency/Designated Broker Responsibilities; Ch. 410, Minimum Standards of Practice
ADOPTED RULE NUMBER: 2009-377 to 2009-378
CONCISE SUMMARY: The amendments to Chapter 400 require the designated broker to establish policies relating to the registration of internet domain names and the creation of web sites in the name of a real estate brokerage agency. The amendments to Chapter 410 permit the designated broker to authorize advertising by groups or teams of affiliated licensees, require that the real estate brokerage agency’s trade name be prominently displayed or presented in advertisements, and prohibit an affiliated licensee from registering an internet domain name or creating a web site in the name of the real estate brokerage agency without the consent of the designated broker.
EFFECTIVE DATE: July 29, 2009
AGENCY CONTACT PERSON:Carol Leighton, Director, Real Estate Commission, Office of Licensing and Registration, 35 State House Station, Augusta, ME 04333
TELEPHONE:(207) 624-8420
E-MAIL:carol.j.leighton@maine.gov

AGENCY: 10-144 – Department of Health and Human Services, Office of Integrated Access and Support
CHAPTER NUMBER AND TITLE:Ch. 332, MaineCare Approved Policy #248A - Repeal of the $25 Enrollment Fee for Some Caretaker Relatives (former Section 2180) and Reduction of the Katie Beckett Premiums for Families Enrolled in the Program Chart 3 b
ADOPTED RULE NUMBER: 2009-379
CONCISE SUMMARY: The Department is repealing the $25 enrollment fee that has been required for some Caretaker Relatives and is reducing the premium a family has to pay when enrolled in the Katie Beckett program. The Department is doing this as required under the American Reinvestment and Recovery Act (ARRA) of 2009 in order to receive a temporary increase in the Federal Medicaid Assistance Percentage (FMAP) rate afforded to states under the (ARRA). This rule will have no economic impact on small businesses.
EFFECTIVE DATE: July 29, 2009
AGENCY CONTACT PERSON: Bethany Hamm, MaineCare Program Manager, Department of Health and Human Services, Office of Integrated Access and Support, 11 State House Station, 442 Civic Center Drive, Augusta ME 04333-0011
TELEPHONE: (207) 287-4076; TTY: (800) 606-0215
E-MAIL: bethany.hamm@maine.gov

AGENCY: 10-144 – Department of Health and Human Services, MaineCenter for Disease Control and Prevention, Division of Environmental Health, Drinking Water Program
CHAPTER NUMBER AND TITLE:Ch. 226, Cross Connection Rules
ADOPTED RULE NUMBER: 2009-380
CONCISE SUMMARY: These rules are designed to regulate, control, and prevent the contamination of drinking water by the backflow of water or other liquids, mixtures or substances into the distribution pipes of a water supply system from a source or sources other than its intended source. These proposed rule changes are intended to clarify the Drinking Water Program’s requirements for public water systems to control cross connections and follow the Maine Plumbing Code.
EFFECTIVE DATE: August 2, 2009
AGENCY CONTACT PERSON: Tera R. Pare, Rulemaking Coordinator, Division of Environmental Health, 286 Water Street, 3rd Floor, 11 State House Station, Augusta, ME 04333-0011
TELEPHONE: (207) 287-5680
E-MAIL: tera.pare@maine.gov

AGENCY: 94-434 -- Maine Educational Loan Authority (MELA)
CHAPTER NUMBER AND TITLE:Ch. 1, Supplemental Education Loan Program Rules
ADOPTED RULE NUMBER: 2009-383
CONCISE SUMMARY: This rule-making amends the existing Supplemental Education Loan Program Rules to make revisions to the eligible students and borrowers and credit underwriting sections to clarify the definition of a co-signor for MELA’s The Maine Loan® program and to the finance charges related to the guarantee fee for MELA’s The Maine Medical Loansm program.
The volatility in the capital markets and continuing credit crisis necessitated the refinancing of MELA’s auction rate bonds into an alternate structure with different financing requirements. In order to secure financing to ensure the continuity of MELA’s The Maine Medical Loansm program, the guarantee fee assessed to all borrowers requires that this fee be added to the principal balance of the loan at the time of disbursement versus repayment, consistent with the existing requirement for The Maine Loan® program.
EFFECTIVE DATE: August 3, 2009
AGENCY CONTACT PERSON:Shirley M. Erickson, Executive Director, Maine Educational Loan Authority (MELA), 131 Presumpscot Street, Portland, ME 04103
TELEPHONE:(207) 400-3011
E-MAIL: serickson@mela.net

AGENCY: 10-144 –Department of Health and Human Services, Office of Integrated Access and Support
CHAPTER NUMBER AND TITLE:Ch. 332, MaineCare Emergency Policy #251E – Repeal Of The Asset Transfer Penalty For Help With Assistance For Room And Board In Residential Care Settings
ADOPTED RULE NUMBER: 2009-384
CONCISE SUMMARY:This Emergency rule repeals the portions of the MaineCare Eligibility Manual which gave the Department the ability to assess a transfer penalty on a MaineCare applicant who transferred assets for less than fair market value prior to applying for assistance with the costs of room and board in a residential care setting. The ability to impose a penalty on an applicant seeking assistance with nursing home level of care remains in effect. This rule is not expected to have an adverse impact on municipalities or on the administrative responsibilities of small businesses.
EFFECTIVE DATE: July 30, 2009
AGENCY CONTACT PERSON:Bethany Hamm, MaineCare Program Manager, Department of Health and Human Services, Office of Integrated Access and Support, 11 State House Station, 442 Civic Center Drive, Augusta ME 04333-0011
TELEPHONE: (207) 287-4076; TTY: (800) 606-0215
E-MAIL: bethany.hamm@maine.gov